Ex parte Ubaldino

NFTFRER, District Judge.

[1] The alien is ordered deported to Italy. It is conceded that the petitioner is wrongfully in this country. It is contended that there is no warrant of law in the record authorizing the deportation to Italy. The only testimony in the record with relation to the petitioner’s nativity is:

“Q. What is your father’s name? A. Ubaldino. Q. Where does lie live? A. Italy. Q. Whereabouts in Italy? A. Carmina.”

Examined by his counsel: “Q. You have been living in Canada all of the time? A. Yes. Q. The only countries you have been living in is Canada and the United States? A.…